Kanyi v Inspector General of Police & 3 others; Wairegi & another (Interested Parties) [2023] KEHC 17728 (KLR)

Kanyi v Inspector General of Police & 3 others; Wairegi & another (Interested Parties) (Miscellaneous Case E168 of 2023) [2023] KEHC 17728 (KLR) (Crim) (19 May 2023) (Ruling)

Neutral citation: [2023] KEHC 17728 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Criminal

Miscellaneous Case E168 of 2023

DR Kavedza, J

May 19, 2023

Between

James Mwangi Kanyi

Applicant

and

Inspector General Of Police

1st Respondent

Director Of Criminal Investigations

2nd Respondent

Director Of Public Prosecution

3rd Respondent

Embakasi Police Station

4th Respondent

and

Daniel Wagura Wairegi

Interested Party

Josphat Kinyua Nyaga

Interested Party

Ruling

1. The applicant James Mwangi Kanyi has filed a notice of Motion dated May 17, 2023 under Certificate of Urgency. The application is supported by the affidavit of the applicant sworn on the same date.

2. The applicant has sought an anticipatory order to restrain the respondents, specifically the 4th Respondent and or the junior officers from detaining, harassing, or howsoever interfering with the applicant’s liberty pending hearing of the application interparties.

3. I have gone through theexparteapplication and the supporting documents and issue the following orders:a.This matter is certified as urgent.b.The applicant is admitted to anticipatory bail of Ksh 500,000/= (Personal Bond).c.The respondent in particular the 4th respondent is prohibited from arresting and detaining the applicant pending the hearing of the application inter-parties.d.The applicant is directed to appear before the 4th respondent in the company of his advocate on May 22, 2023, for questioning and or interview.e.Should the respondents make a decision to charge the applicant, they shall inform the applicant to appear before the investigating officer for processing.f.The investigating officer shall direct the applicant to appear before the relevant court for plea.g.Should the applicant be charged, the order of this court shall automatically lapse.h.The application and order of this court be served upon the respondents within 3 days.i.Upon service, the respondents shall file their responses within 7 days.j.This matter be mentioned on June 21, 2023 for direction.

Orders accordingly.

Ruling, read and delivered on 19th day of MAY, 2023________________D. KAVEDZAJUDGE